Marc Brown
Call: 2004
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Insolvency & Restructuring Profile

Marc regularly advises and appears in relation to many aspects of insolvency practice where he also has experience of being led in high value and complex insolvency cases. His experience in court has taken him across the full range of insolvency matters, from regular routine winding up petitions, to the House of Lords in a case involving the liability of invalidly appointed receivers. Particular experience includes:

Corporate Insolvency - applications for administration orders or to extend or end administrations; applications to validate administrators’ appointments; applications for validation orders; advising administrators and directors in relation to transactions at an undervalue and preferences (including being led in high value cases) appearing on behalf of companies, petitioning and supporting creditors on winding up petitions; applications to restrain presentation or advertisement of winding up petitions;

Personal Insolvency - advising and appearing on transactions at an undervalue and preference cases; applications to set aside statutory demands; appearing on bankruptcy petitions on behalf of creditors and debtors; appearing on behalf of trustees in applications for possession and sale of property; appearing on behalf of creditors in relation to cross-border issues.

  • What-the-Directories-Say

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      • "He is very focused, has a superb drafting style and is highly intelligent and precise.", "Knowledgeable, excellent on his feet and good fun to work with." and"He's diligent, very hard-working and gets on with it. He is a very, very sensible barrister." - Chambers UK 2019
      • “A good advocate with an analytical eye.” - Legal 500 2019
      • "Extremely bright and quick to grasp the issues in a dispute. Marc has a great drafting style and is very meticulous in all areas of his work." and "His strengths are cutting through all the fluff and getting to the nub of the matter - he makes it very simplistic."
      • "He has a really easy style with judges, his written work is reliable and he makes himself available." "Marc is exceptionally knowledgeable and commercial, clients are always impressed." "He is extremely bright and quick to grasp the issues in disputes."
      • ‘Good on his feet and quick to offer practical solutions to issues.’
      • ‘Widely respected for a broad commercial dispute practice that includes a particular strength in insolvency matters.’ - “A good practical advocate, who delivers well in court. He’s also very user-friendly and adaptable.” “He’s very good at anticipating additional issues that might come up in a case.”
      • ‘Swiftly becoming an important player at the Commercial Bar. He is known for insolvency work as well as general commercial disputes.’ - “He is a very clever guy and is always used by silks, which tells you a lot about his quality.” “He is absolutely excellent on paperwork and with clients.” 
      • ‘Recognised as a star of the future. He is also an expert in insolvency law.’ - “He is very bright and recognised as such. Very switched-on but really easy to get on with at the same time.”
      • Marc Brown is praised for his sophisticated handling of complex commercial fraud cases. “Proactive throughout,” “he handles clients with ease” and has “a strong grasp of the issues in any case.”

  • Recent-Experience

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    • Marc has recently been involved in insolvency cases concerning matters and issues such as:

      • An application for security for costs in respect of an application made to remove liquidators;
      • Opposition to bankruptcy petitions and applications for annulment based upon the debtor’s Centre of Main Interests (COMI);
      • An application for non-party costs orders against the directors of a company;
      • Various claims (both on behalf of insolvency practitioners and respondents / former directors) in relation to misfeasance, preference, transaction at an undervalue etc.

  • Reported-Cases

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      • Chandra v Mayor [2016] EWHC 2636 (Ch); [2017] 1 WLR 729 - Marc acted for the Defendant to the initial proceedings, who was then the Claimant in these contribution proceedings concerning a claim by a Defendant who was sued in a representative capacity against the other members of the representative group. The Court determined and clarified the rights of a representative Defendant to claim a contribution against other represented persons, both in respect of a principal liability and costs, in the face of contradictory and unclear earlier authority.
      • Regency Villas Title Ltd & others v Diamond Resorts Europe Ltd & other [2017] EWCA Civ 238 - Marc was led by John Randall QC in relation to the appeal of this matter against the decision of HHJ Purle QC (in which easements in respect of the use of sporting and recreational facilities were recognised). The case has been widely reported, including in the Times (1st June 2017).
      • Edginton v Sekhon & another [2015] EWCA Civ 816. Marc acted for the Respondent petitioning creditors in this appeal (having acted for them throughout the bankruptcy proceedings). The Court of Appeal considered the proper approach to requests by debtors for an adjournment of the hearing of a bankruptcy petition in order to enable payment to be made.
      • Winnington Networks Communications Ltd v Revenue & Customs Commissioners [2015] EWHC 1096 (Ch). The Court considered an application to dismiss a winding up petition on the grounds of a substantial dispute.
      • Schrade v Sparkasse Ludensheid [2014] EWHC 1049 (Ch). Marc acted for the Respondent to this appeal, in which it was determined that the Registrar had been entitled to conclude that that the circumstances surrounding a petitioning creditor’s move to England were suspicious and had all the hallmarks of forum shopping. 
      • Re Care People Ltd (In Administration) [2013] EWHC 1734 (Ch). Decision of HHJ Purle QC (sitting as a High Court Judge) as to the validity of the appointment of an administrator by a qualifying floating chargeholder and the application of Rule 7.55 of the Insolvency Rules 1986 to defects in such appointment.
      • Re Hibernia (2005) Ltd [2013] EWHC 2615 (Ch). Decision of Nicholas Strauss QC (sitting as a Deputy High Court Judge) on a contested application for an administration order, considering the exercise of the Court's discretion to make an administration order in the context of a Pre-Pack.
      • Schrade v Sparkasse Lüdenscheid [2013] BPIR 911 . Decision of Chief Registrar Baister concerning the debtor’s COMI and the jurisdiction of the court to make a bankruptcy order on a debtor’s petition. The Chief Registrar refused to make a bankruptcy order, holding that the debtor’s COMI was in Germany and not England & Wales and therefore the court did not have jurisdiction to make a bankruptcy order. The Chief Registrar also made comments about the phenomenon of bankruptcy tourism.
      • Sparkasse Hilden Ratingen Velbert v Horst Konrad Benk [2012] EWHC 2432 (Ch). Marc acted for the Applicant creditor in relation to its application to annul the bankruptcy of a debtor on the grounds that the debtor’s centre of main interests was not in England & Wales at the relevant time. The Court analysed the principles applicable to such application and found that the debtor’s COMI was in Germany at the relevant time and therefore annulled the bankruptcy.
      • Re BTR (UK) Ltd [2012] EWHC 2398 (Ch). This case concerned the obligations of an administrator under paragraph 55 of Schedule B1 of the Insolvency Act 1986 when proposals are rejected at an initial meeting of creditors. On the application of creditors of the company (for whom Marc acted), it was held that in such circumstances an administrator is bound under paragraph 55 to make an application to Court for directions.

  • Specialist-Areas

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    • Marc Brown is a member of the following specialist practice groups where detailed CV’s can be viewed by clicking on the links below:

  • Qualifications-and-Appointments

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      • MA (Oxon) Jurisprudence – Oxford University, Mansfield College
      • Bar Vocational Course – Inns of Court School of Law (Very Competent)
      • Bachelor of Civil Laws – Oxford University, Mansfield College – Distinction and Vinerian Scholar

  • Professional-Associations

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      • Midland Chancery & Commercial Bar Association (MCCBA)

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Further Information

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